Usage of property while case is pending

Jai Prakash (Querist) 17 July 2013 This query is : Resolved
Hi,

Sir, I am a plaintiff in a pending suit for partition in the civil court. I am currently residing in the property under dispute.

While the matter is pending, can I proceed to utilize for commercial purpose like sub-let it

Please let me know if the defendant can in any way challenge me

thanks

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Devajyoti Barman (Expert) 17 July 2013
Anonymous queries are not entertained here.

Rajendra K Goyal (Expert) 17 July 2013
Anonymous query.

Dr. Jyothi Vishwanath (Expert) 17 July 2013
Anonymous q...

Raj Kumar Makkad (Expert) 17 July 2013
You can definitely do it.

Raj Kumar Makkad (Expert) 17 July 2013
It is very strange to see that the experts have told the author as anonymous whereas he has already disclosed his name.

Dr. Jyothi Vishwanath (Expert) 18 July 2013
Mr.Makkad ji, he has disclosed his name
before you replied...

V R SHROFF (Expert) 18 July 2013
AS THERE IS NO STAY ORDER:
You can do so now.
The moment def counter claim "Status Quo" or "Stay Order " is passed, you cannot do thereafter.

Dr. Jyothi Vishwanath (Expert) 18 July 2013
Once the matter is sub-judice, though you can sub-let it, it will be subject to the final judgment delivered in the partition suit.
Of course agreed to Mr.Shroff, you can sub-let it before status quo order.
Still it will be subject to final decision of the court in the partition suit.

V R SHROFF (Expert) 18 July 2013
Dr Jyothi,
Querist, being Plaintiff, can withdraw the suit at any moment. So Jai is privileged.
Only counter claim can stop him.

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